About 1491 results

RAJVEER
RAJVEER SINGH 13 Aug 2024

If There Are Lapses By Prosecutors, Trial Judges Should Play Active Role In Evidence Process
The Supreme Court said that trial judges should take a proactive role instead of acting as "mere tape recorders" recording witness statements. If there is any lapse by the prosecutor, then the judge should intervene and ask necessary questions to…

RAJVEER
RAJVEER SINGH 13 Aug 2024

Easement By Necessity Not Available When There Is Alternative Way To Access Property
Supreme Court observed that the claimant of an easementary right wouldn't be entitled to claim the 'easementary right by necessity' for enjoying the 'Dominant Heritage' (the property owned by the claimant) when there exists an alternative way to access the…

RAJVEER
RAJVEER SINGH 13 Aug 2024

Allegation Of Sexual Harassment Committed Within Closed Confines Requires Closer Scrutiny If Victim's Statement Is Doubtful
The Supreme Court on Monday (March 11) observed that the offence of sexual harassment committed within the confines of a room or a house (under the POCSO Act) requires closer scrutiny by the courts while deciding the conviction of the…

RAJVEER
RAJVEER SINGH 13 Aug 2024

Exclusion Clauses In Insurance Contracts To Be Construed Strictly & Against Insurer
In a recent ruling, the Supreme Court reiterated that the burden of proving applicability of exclusionary clauses in insurance contracts is on the insurer and such clauses must be interpreted strictly against the insurer, as they may completely exempt the…

RAJVEER
RAJVEER SINGH 13 Aug 2024

Court Has To Strike Balance Between Testimony Of Injured Witness & Interested Witness
The Supreme Court on Monday (March 18) overturned the conviction of the accused while observing that conviction cannot be sustained based on the testimony of the 'injured witness' who happens to be an 'interested witness' in the outcome of the…

RAJVEER
RAJVEER SINGH 13 Aug 2024

Impermissible For High Court To Interfere With Acquittal Unless Trial Court's View Is Perverse Or Impossible
The Supreme Court on Tuesday (April 2) reiterated that in the event of the possibility of two views, if the trial court acquits the accused, then it would not be permissible for the High Court to interfere with the trial…

RAJVEER
RAJVEER SINGH 13 Aug 2024

Allegation Of Sexual Harassment Committed Within Closed Confines Requires Closer Scrutiny If Victim's Statement Is Doubtful
The Supreme Court on Monday (March 11) observed that the offence of sexual harassment committed within the confines of a room or a house (under the POCSO Act) requires closer scrutiny by the courts while deciding the conviction of the…

RAJVEER
RAJVEER SINGH 13 Aug 2024

Income Tax Orders Not Conclusive Proof For Discharge In Case Under Prevention Of Corruption Act
The Supreme Court on March 19, in a recent judgment held that exoneration in Income Tax proceedings by itself would not become a valid ground for the discharge of an accused under the provisions of The Prevention Of Corruption Act,…

RAJVEER
RAJVEER SINGH 13 Aug 2024

To Use Statement Of Accused On Fact Discovery, Prosecution Must Establish No One Else Had Information About It
To convict an accused based on the statements made under Section 27 of the Evidence Act, the Supreme Court observed that the prosecution must establish the fact that the discovery of the evidence based on the statement made by the…

RAJVEER
RAJVEER SINGH 13 Aug 2024

Supreme Court Summarises Factors To Decide Term Of Sentence Convicts Must Undergo Before Remission In Murder Cases
The Supreme Court, in its verdict, recapitulated certain factors that the courts considered while deciding convicts' period of sentence before remission could be sought. The Judgment was handed down by a three-judge Bench of Justices B.R Gavai, K.V Vishwanathan and Sandeep…
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